Thanks to Stark & Stark’sNursing Home Law blog for posting an article from Lawyers USA about the hurdles that Plaintiffs face if they want to sue a nursing home. I know you’ve heard us say it before, but nursing home companies make it harder and harder to get to court, and once there, they make it harder and harder to collect any judgment you might get against the nursing home.
Let me be fair, Mom and Pop nursing homes don’t have the same corporate structures typically as the national chains do, but they still use arbitration clauses in order to avoid a jury trial, so they have their own ways of avoiding litigation.
Whatever happened to providing good, consistent, quality care? It seems to me that that would be the most effective way to avoid litigation. I know it would be the preferred way to avoid litigation according to all residents and family members of residents of nursing homes.
Anyway, the article talks about the corporate shell game that is currently all the rage for national nursing home chains, and how the companies set up a myriad of holding companies which profits are funneled through so that the nursing home itself has no money.
Couple that with failure to carry insurance, and the first thing that happens whenever a Plaintiff files suit is, the defense attorney says, well, there’s no money there. That’s because a half a million dollars has been paid to the management company, or to a holding company that has no employees and provides no services. A half million dollars that could be used to appropriately staff the facility in the first place.
The full article can be accessed here, with quotes from some of the best nursing home lawyers in the country. Its worth reading.